CHANEY v. HAEDER

A8407-04122; CA A41429.

752 P.2d 854 (1988)

90 Or.App. 321

John R. CHANEY and Patricia J. Chaney, Husband and Wife, Plaintiffs, v. Richard HAEDER and Judith Haeder, Husband and Wife, Appellants, v. Mary B. Dittenhofer, Respondent.

Court of Appeals of Oregon.

Decided April 6, 1988.


Attorney(s) appearing for the Case

Richard Haeder, Portland, argued the cause for appellants. With him on the brief was Bradford Lamb, Portland.

Sandra A. Hansberger, Portland, argued the cause for respondent. On the brief was Don G. Swink, Portland.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.


ROSSMAN, Judge.

This action involves the question whether, under a statutory warranty deed, a grantor is liable to a grantee for costs and attorney fees incurred in defending against an unsuccessful claim of adverse possession. ORS 93.850(2)(c)(C). We hold that, under the facts of this case, there is no liability. Accordingly, we affirm.

In 1982, defendants Haeder purchased property from defendant Dittenhofer (defendant), who conveyed by a statutory warranty...

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